Miners Knee Litigation

Andrew Kinnier represented the Department of Energy & Climate Change in successfully defending an appeal on limitation in a group action by miners arising out of the development of knee osteoarthritis due to working conditions.

The Court of Appeal held that the Judge below had been right to refuse to exercise his discretion under s.33 Limitation Act 1980 to permit the claims to proceed because there would be clear prejudice to the Defendant if it had to defend the stale claims and no sufficient reasons had been advanced to justify the delays